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B-410640 1 (2015-01-20)

handle is hein.gao/gaobadqxk0001 and id is 1 raw text is: G A 0Comptroller General ity * Integrity * Rellability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: Technical Professional Services, Inc. File: B-410640 Date: January 20, 2015 Frank S. Murray Jr., Esq., Foley & Lardner LLP, for the protester. Bridget E. Grant, Esq., Department of Veterans Affairs, for the agency. Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging failure to solicit incumbent contractor for issuance of a Federal Supply Schedule order is denied where applicable regulation does not require solicitation of the incumbent and record does not indicate that agency decision not to solicit incumbent resulted from bad faith. DECISION Technical Professional Services, Inc. (TPS), of Wayland, Michigan, protests the Department of Veterans Affairs' (VA) issuance of an order to HR Staff Management, Inc., dba Alpha Services, of Las Vegas, Nevada, under request for quotations (RFQ) No. VA777-14-Q-0169, for administrative support services. The protester challenges the agency's failure to solicit it for this requirement, arguing that, as the incumbent, it was entitled to be solicited. We deny the protest. BACKGROUND TPS is the incumbent contractor under a Federal Supply Schedule (FSS) order for these services. Based on perceived performance issues with TPS and changes in the agency's requirements, the VA decided not to exercise the option in TPS's incumbent contract and decided instead to recompete the requirement with a new performance work statement, with changed locations, tasks, and deliverables. Contracting Officer Statement (COS) at 3; see Comments at 3. The resulting acquisition was conducted pursuant to Federal Acquisition Regulation (FAR) § 8.405-2, which governs ordering procedures under FSS contracts for services

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